The ongoing demand for grant of full Statehood status to Delhi has been a thorny issue between the ruling AAP and the Opposition BJP. While full Statehood demand was a part of the Aam Aadmi Party (AAP) manifesto, the BJP that had been raising the matter for years chose to remain silent on it ahead of the February Assembly polls last year.
Since grant of full Statehood status to Delhi has also been a common demand of both the BJP and the Congress, the AAP Government is now hopeful that it would be able to garner support on the contentious matter from the two political outfits.
Former Secretary of Delhi legislative Assembly Sudarshan Sharma said the vexed question on statehood and the extent of powers to be passed on to the Delhi Government have been debated at the highest level all through last century five times.
In 1912 while shifting the Capital from Kolkatta to Delhi, this was discussed as “It is generally recognised”, observed the Government of India in their dispatch to the Secretary of State dated August 25, 1911, ‘that the Capital of a great central Government should be separate and independent’ (thereby making it away from the control of any Provincial Government and directly under the National Government) “and effect has been given to this principle in the United States, Canada and Australia”.
Sharma said, “The Indian Constitution drafting committee under Dr Bheem Rao Ambedkar had also put Delhi under Part C States without subjects of law and order, local self-governing institutions, the Improvement Trust (1937) (Previous avatar of DDA) and other statutory boards regulating certain public utility services in Delhi and New Delhi.”
Delhi’s first constitutional status after Independence was that of a State. The State Assembly and the Council of Ministers were abolished way back in 1956, following which the city became a Union Territory under the direct administration of the President. He said in the current system, power is divided between the CM and the Centre through the l-G and this dual control was primarily responsible for the inherent tension between the two power centres.
Sharma said the lacuna in the jurisdiction of the national Capital’s Government is the reason why Delhi is not being considered a State despite having its own Assembly and a Chief Minister. The stalemate has remained unresolved despite different models available in other Capitals to balance democratic and security exigencies.
Unlike its counterparts in States, the Delhi Assembly is barred by Article 239AA(3)(a) of the Constitution from making laws on three of the 66 State list entries. The three subjects that do not apply to the Delhi Assembly — and therefore the Delhi Government — are Entries 1, 2 and 18 dealing with public order, police and land.
Delhi has a unique status in the Indian union. It is a Union Territory with a legislative Assembly that limits the power of the Delhi Government. law and order, including police, land and civic bodies are controlled by the Union Government, which has led to a raging turf war between the Centre and the Arvind Kejriwal Government.
The sensitivity of the situation can be gauged that even when the NDA Government made an abortive bid in 2003 to confer Statehood on Delhi, the Bill introduced by former Deputy PM lK Advani steered clear of Entries 1 and 2 that deal with the city’s security.
As a corollary, the Delhi Police Commissioner reports to the l-G, who in turn discharges functions relating to public order and police with Union Home Ministry’s concurrence. The Bill to grant full Statehood to Delhi was referred to a Parliamentary Committee, but no further attempt was made to grant Delhi full Statehood.
The then BJP-ruled Delhi Government had passed a resolution in the Delhi Assembly seeking full Statehood for Delhi in 1993. The Congress Government headed by Sheila Dikshit had also placed a resolution in the Delhi Assembly twice for grant of full Statehood, which was passed.
In 1987, ‘Sarkaria Committee’ (later called Balakrishnan Committee) was appointed to look into the issues connected with the administration of Delhi and the report was submitted in 1989. In accordance with the recommendations of the Committee, Parliament passed ‘The Government of National Capital Territory of Delhi Act,1991’, besides other legislations. But granting full statehood to Delhi was ruled out.
It was discussed in 1955 by the State Reorganisation Committee, and the SRC went a step ahead by abolishing the post of Chief Minister and legislative Assembly and further reducing the administrative status of Delhi to Mayor-in-Council with a Municipal Corporation.
Citing international practices, it said, “Iif it is to continue as the Union Capital, Delhi cannot be made part of a full-fledged constituent unit of the Indian Union.
The Union Government in 1966, through the Delhi Administration Act, gave Delhi a Metropolitan Council, Chief Executive Councilor, Executive Councilors and Metropolitan Councilors instead of a legislative Assembly, Chief Minister and MlAs. This was without any legislative powers and was confined to the role of a debating house only.